Divorce is a legal process that unties the bonds of matrimony and resolves potential issues that would otherwise lead to future litigation. In many states divorce is called dissolution of marriage, a term that reflects the unwinding of the relationship as well as the nonconfrontational nature of modern no-fault divorce. A legal divorce terminates a marriage and gives you and your spouse the right to remarry.
Filing
Divorce begins with the filing of a document called a petition in most states. Each state has its own rules about who can file and where. Generally, if you file the petition you must state the grounds for the divorce and are able to request terms. With the petition you must generally file a summons, which will be completed by the clerk. Together the summons and petition are what are commonly referred to as "divorce papers." Some states have an uncontested divorce process that allows joint filing of the petition.
Service and Response
To initiate the legal divorce process is usually not simply a matter of filing the divorce papers with the court. A copy of the summons and petition must be served on your spouse in a manner compliant with state laws on the service of process. Proof of the completed service must then be filed with the court. The spouse receiving the service has a certain time period in which to respond by agreeing to or contesting the grounds or terms of the divorce. Failing to respond can lead to a default and the entry of an order enforcing the terms requested in the petition.
Negotiation
The bulk of the divorce process is actually spent bringing all the aspects of the matrimonial bond to a resolution. This includes division of property, payment of debts, child custody and support and, if appropriate, alimony. As part of this process many states require the filing of detailed disclosures about the assets and liabilities of each spouse. Negotiations can proceed between you and your spouse directly, through your lawyers or in an informal dispute resolution setting, including mediation.
Temporary Orders
While negotiations take place, either or both spouses can request temporary orders from the court. These are orders that institute some arrangement regarding an issue that will ultimately be settled by the divorce. For example, a dependent spouse can request an order for temporary alimony payments while the divorce is pending. Or a parent can request some form of child custody. If you and your spouse don't agree, a hearing is held on the matter and the court decides whether to grant the temporary order.
Trial
Ultimately, any issues that remain unresolved through the negotiation process go before a judge to be resolved at trial. Though the judge has some discretion in deciding matters, such as alimony, child custody and support and division of property, state laws usually provide firm guidelines. When the terms of the divorce are finalized, whether by private agreement, outcome of trial or both, a document called the marital settlement agreement is drafted incorporating all the relevant information. The court the issues a decree of dissolution incorporating the settlement agreement and giving it the force of a court order.
